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In the relations between partners of a “società in nome collettivo (s.n.c.)”, unlimited liability is ruled out
- 24/10/2016
Article 2291 of the Italian Civil Code provides for the joint and unlimited liability of all partners of a “s.n.c.” for obligations contracted by the enterprise. But this principle, as confirmed by the Court of Cassation with ruling of 19th October 2016, no. 21066, aims at protecting third parties and is not valid with regard to obligations contracted by the “s.n.c.” towards any of its partners.
Indeed, the principle of unlimited liability does not operate in the relations between partners. In such cases, instead, it has to be applied the rule according to which any partner contributes to the expenses of the enterprise proportionally to their own share.
Such a conclusion is compatible with the provision of article 1299 of the Italian Civil Code, which allows a debtor who is jointly obliged with others and has already repaid the whole debt, to get from each of the other debtors only the part of the whole debt corresponding to their own share.
Therefore, the Court concludes that, as to obligations contracted by the “s.n.c.” towards one of its partners, the other partners are liable only in proportion to their own share
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